Karnataka High Court
Sri Natawarlal Jasu vs The State Of Karnataka on 28 July, 2023
Author: Krishna S Dixit
Bench: Krishna S Dixit
-1-
NC: 2023:KHC:26337
WP No. 4399 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 4399 OF 2023 (LA-KIADB)
BETWEEN:
SRI NATAWARLAL JASU,
AGED ABOUT 75 YEARS
S/O S.R. JASU,
R/AT NO.22B, INDUSTRIAL AREA,
KUMBALAGODU, BANGALORE - 560 070.
(NOTE. BENEFIT OF SENIOR
CITIZENSHIP NOT CLAIMED)
...PETITIONER
(BY SRI. LOHITASWA BANAKAR.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
DEPARTMENT OF COMMERCE AND INDUSTRIES,
Digitally signed
by SHARADA VIDHANA SOUDHA,
VANI B BANGALORE - 560 001.
Location: HIGH
COURT OF 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
KARNATAKA
EAST WING, KHANIJA BHAVANA,
RACE COURSE ROAD,
BANGALORE - 560 001.
REP BY CEO AND EM.
3. THE SPECIAL LAND ACQUISITION OFFICER, (BMICP)
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
MAHARSHI ARVIND BHAVAN,
1ST FLOOR, NRUPATHUNGA ROAD,
BANGALORE - 560 001.
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NC: 2023:KHC:26337
WP No. 4399 of 2023
4. THE MANAGING DIRECTOR,
NICE LTD., NG ROAD,
BANGALORE - 560 002.
AMENDED V.C.O DATED 9/3/2023.
...RESPONDENTS
(BY SMT.NAVYA SHEKHAR., AGA FOR R1;
SRI. H L PRADEEP KUMAR., ADVOCATE FOR R2 & R3;
SRI. NITIN PRASAD.,ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN
THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER
DECLARING THAT THE ACQUISITION PROCEEDINGS
DECLARING THE NOTIFICATION DATED 29/01/2003 VIDE
NOTIFICATION NO.CI 196 SPQ 98 ISSUED UNDER SECTION
28(1) OF THE KIADB ACT, 1966 BY THE R-1 VIDE ANNEXURE-C
IN RESPECT OF LAND BEARING SY.NO. 166, SITUATED AT
KOMMAGATTA VILLAGE, KENGERI HOBLI, BANGALORE SOUTH
TALUK, MEASURING 5 ACRES, AS LAPSED, ABANDONED, NON-
EST AND NULL AND VOID SO FAR AS THE PETITIONERS LAND
IS CONCERNED.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the Petitioner submits and learned advocates appearing for the Respondents do not much dispute that the subject matter of this Writ Petition is substantially similar to the one in W.P.No.19283/2022 (LA-KIADB) between R ANANTHARAMU vs. THE STATE OF KARNATAKA & OTHERS, disposed off by a Coordinate Bench of this Court on 12.10.2022 and therefore, the -3- NC: 2023:KHC:26337 WP No. 4399 of 2023 relief granted to the litigant therein be extended to the Petitioner as well, on the principle of parity.
2. A Division Bench of this Court in W.A.Nos. 932- 933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed of on 11.12.1974, has held that the Court should treat the like-cases alike and if relief is granted to a litigant it has to be extended to a similarly circumstanced litigant as well, there being no derogatory circumstances.
In the above circumstances, this writ petition is allowed; a Writ of Certiorari issues quashing the impugned Preliminary Notification issued u/s 28(1) of the Karnataka Industrial Areas Development Act, 1966, so far as Petitioner's land is concerned.
This order shall not come in the way of acquiring the subject property by issuing notification afresh, in accordance with law. Added, liberty is also reserved to the Respondent No.4 to proceed against Respondent Nos. 1, 2 -4- NC: 2023:KHC:26337 WP No. 4399 of 2023 & 3 in accordance with law if there is any grievance against them. All contentions in that regard are kept open.
No costs.
Sd/-
JUDGE Bsv List No.: 1 Sl No.: 23